Nets Vie for Venue Change in Ownership Battle

8/25/2003 10:27 AM Eastern

By: Ted Hearn

Washington -- Three TV networks want the case challengingnew federal broadcast ownership rules moved from a federal appeals court inPhiladelphia to a similar venue in Washington, D.C., that has issued severalrulings favorable to proponents of deregulation.

The motion for a change of venue was filed by NBC, CBS, and Fox last Friday,two sources said Monday.

The three networks have already filed an appeal challenging broadcastownership rules adopted by the Federal Communications Commission on June 2, butthey did not specifically state want provisions they oppose, one sourcesaid.

It's more than likely that NBC, CBS, and Fox will challenge the FCC'sdecision to raise the national TV ownership cap from 35 percent to 45 percentinstead of abolishing it.

Legislation is moving through Congress to restore the 35 percent cap.

After publication of the FCC's rules in early August, appeals were filed inat least four circuit courts, which required the Judicial Panel on MultidistrictLitigation to conduct a lottery to determine the assignment of the case.

The Court of Appeals for the 3rd Circuit in Philadelphia was selected in thelottery.

In February 2002, a panel of the U.S. Court of Appeals for the D.C. Circuitstruck down the FCC's decision to retain the 35 percent cap.

The same court also struck down cable ownership and channel occupancy rulesas well as rules governing the common ownership of two TV stations in thesame market.